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Full-Text Articles in Law

Opting Out: Procedural Fair Use, Michael Mattioli Jan 2007

Opting Out: Procedural Fair Use, Michael Mattioli

Articles by Maurer Faculty

This article explores the advantages of opt-out plans, and identifies a critical shortcoming in Copyright's doctrine of Fair Use. The discussion is fueled by a current controversy: In December of 2004, Google, Inc. announced its plan to digitally scan thousands of copyrighted books as part of a massive new digital indexing service. Hedging against possible litigation, Google provided a free and easy opt-out procedure for authors who didn't want their books scanned. Despite this measure, two major authors' groups have sued Google, claiming the opt-out plan imposes an unfair burden. This article explores the fairness of established opt-outs ...


The Search Interest In Contract, Joshua Fairfield Jan 2007

The Search Interest In Contract, Joshua Fairfield

Articles by Maurer Faculty

Parties often do not negotiate for contract terms. Instead, parties search for the products, terms, and contractual counterparties they desire. The traditional negotiation-centered view of contract leads courts to try to determine the meaning of the parties where no meaning was negotiated and to waste time determining the benefits of bargains that were never struck. Further, while courts have ample tools to validate specifically negotiated contract terms, they lack the tools to respond to searched-for terms. Although the law and literature have long recognized that there is a disconnect between the legal fictions of negotiation and the reality of contracting ...


Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff Jan 2007

Constructive Haiku And The Law Of Contracts: Raintree County Memorial Library Occasional Paper No. 3, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.